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Statement of changes 24th Nov 2016: Changes relating to applications and validity

Statement of changes 24th Nov 2016: Changes relating to applications and validity The rules relating to specified forms and procedures for applications or claims in connection with immigration, previously A34-34I, were complicated and difficult to interpret in places. They had been iteratively updated and required a wholesale review to make them understandable and user friendly. They have now been redrafted and simplified, and renamed „How to make a valid application for leave to remain in the UK‟. The changes are as follows. An application for leave to remain in the UK will, as a result of these changes, now only be valid (subject to some exceptions set out in the Immigration Rules) when the applicant: Completes the mandatory sections of the application form. Provides any applicable fee (including the Immigration Health Surcharge). Provides a valid passport (or other proof of identity) or, where permitted, a valid national identity card or their most recent passport or national identity card, or a valid travel document. Provides passport photographs. Provides biometric information. There is no longer a provision to provide mandatory documents as specified in the Immigration Rules; there were no mandatory documents for the purpose of validation of applications set out under the Immigration...

Statement of changes for Nov 2016: Changes relating to the entry clearance Rules

Changes relating to the entry clearance Rules A change is being made to the entry clearance Rules to clarify that British nationals without the right of abode require entry clearance in order to enter the UK for a purpose for which entry clearance is required. The Rules are also being clarified so that applications for visit visas can be made at any post in the world which is designated by the Secretary of State to accept such applications. Changes to General Grounds for Refusal and suitability requirements The Government‟s policy is that those who: Have been excluded under Article 1F from the Refugee Convention or under paragraph 339D from a grant of humanitarian protection; or Would have been so excluded but they have never made a protection claim or made an earlier protection claim which was refused without reference to Article 1F or paragraph 339D; or Are a danger to the security of the UK; or Having been convicted by final judgment of a particularly serious crime are a danger to the community of the UK, will only be granted leave to remain in the UK where their deportation or administrative removal would breach their human rights. Where that is the...

Statement of changes announced for 24th November 2016

Statement of changes announced for 24th November 2016. There will be new changes to the Immigration Rules which are as follows: The main purpose of these changes to the Immigration Rules is to: Implement the first of two phases of changes to Tier 2, announced by the Government on 24 March 2016 following a review by the independent Migration Advisory Committee. Introduce a new English language requirement at level A2 of the Common European Framework of Reference for Languages for applicants for further leave in the UK as a partner or parent, after completing 30 months here on a 5- year route to settlement under Appendix FM. Mandate the refusal of limited or indefinite leave where the applicant has been excluded under Article 1F from the Refugee Convention or under paragraph 339D from a grant of humanitarian protection or is a danger to the security of the UK or, having been convicted by final judgment of a particularly serious crime, is a danger to the community of the UK. Clarify when Dublin transfer, safe third country and first country of asylum rules apply and provide a definition of the third country concepts within the Immigration Rules. As this Statement of...

Statement of Changes in Immigration Rules:Written statement – HCWS235

My Rt Hon Friend the Home Secretary is today laying before the House a Statement of Changes in Immigration Rules as set out below. These changes continue our reforms to the UK immigration system. The changes we are making to the Rules will ensure that those who do not qualify for international protection on account of their conduct, for example serious criminality, are not granted settlement or limited leave to remain in the UK under the Immigration Rules. We are also abolishing the ‘28-day grace period’, during which we currently accept out of time applications for a range of routes including work and study, to encourage greater compliance with the Immigration Rules. This will make clear that people must comply with the Rules and make any application for further leave before their current leave expires. The changes also include the reduction in the threshold of NHS debt from £1000 to £500 for family cases and armed forces cases to align with changes made elsewhere in the Rules in April 2016. The changes also provide for a new English language requirement for non-European Economic Area national partners and parents applying to extend their stay in the UK. The new requirement, which...

European Economic Area administrative removal: consideration and decision

For the purposes of the Immigration (European Economic Area) Regulations 2006 (as amended) (‘the EEA Regulations’), an ‘EEA national’ is a national of a Member State of the European Union (EU) other than the UK, or a national of Iceland, Liechtenstein, Norway or Switzerland. EEA nationals have rights of free movement and residence within the EEA states, subject to certain limitations. Where an EEA national has a right to reside in the UK under the EEA Regulations, their direct family members (who may not themselves be EEA nationals) are afforded the same rights of free movement and residence. Extended family members of EEA nationals do not acquire a right of residence on the basis of their relationship to an EEA national unless they have been issued with the relevant documentation by the Home Office. The family members of an EEA national are defined in regulation 7 (direct family members) and regulation 8 (extended family members) of the 2006 Regulations. For additional guidance on investigating claims to be an EEA family member, please see the ‘Investigating claims by non-EEA nationals to be family members of EEA nationals’ section of sham marriage, civil partnerships and marriages of convenience. Initial right to reside:...

Regulation 24AA of the Immigration (European Economic Area) Regulations 2006

The Immigration (European Economic Area) (Amendment) (No.2) Regulations 2014 amended the Immigration (European Economic Area) Regulations 2006 so that an appeal against a deportation decision under regulation 19(3)(b) of the EEA Regulations will suspend removal proceedings, unless the SSHD has exercised her discretion to certify removal. The SSHD can certify removal if the person’s deportation before the conclusion of any appeal proceedings would not give rise to a real risk of serious irreversible harm or otherwise be unlawful under section 6 of the Human Rights Act 1998. If removal has been certified, it will only then be suspended if the person subject to removal has made an application to the courts for an interim order to suspend removal proceedings (e.g. judicial review) and that application has not yet been determined, or a court has made an interim order to suspend removal. The application of a regulation 24AA certificate does not prevent a person from lodging an appeal from within the UK; rather, by amending regulation 29 of the EEA Regulations, it limits the suspensive effect of that appeal. So, whilst a person may lodge an appeal in-country, the lodging of such an appeal does not suspend removal from the UK,...

Article 1D of the Refugee Convention: Palestinian refugees assisted by the United Nations Relief and Works Agency (UNRWA)

As a result of the 1948 Arab-Israeli conflict, the establishment of the State of Israel, and the exodus of Palestinians into neighbouring countries, the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) was established to carry out direct relief and works programmes for Palestinian refugees in the neighbouring countries of Jordan, Lebanon and Syria. Article 1D is one of the exclusion clauses in the Refugee Convention, but its overall purpose is to ensure the continuing protection of Palestinian refugees until their position is settled in accordance with relevant United Nations General Assembly resolutions. For as long as they are receiving UNRWA protection, they are excluded from Convention refugee protection. Should that protection cease to be available, they become entitled to the protection of the Convention under Article 1D. UNRWA currently provides assistance and protection to some 5 million registered Palestinian refugees. The Agency’s services comprise private and public advocacy, education, health care, relief, camp infrastructure and improvement, community support, microfinance and emergency response, including in times of armed conflict. UNRWA does not administer the refugee camps, is not responsible for security or law and order in the camps, and has no police force or...

Section 94B of the Nationality, Immigration and Asylum Act 2002

Section 17(3) of the Immigration Act 2014 amended the Nationality, Immigration and Asylum Act 2002 to introduce a discretionary certification power in relation to human rights claims made by those liable to deportation under sections 3(5)(a) and 3(6) of the Immigration Act 1971. Section 94B of the Nationality, Immigration and Asylum Act 2002 allows a human rights claim to be certified where the appeals process has not yet begun or is not yet exhausted and the Secretary of State considers that removal pending the outcome of an appeal would not breach section 6 of the Human Rights Act 1998. One ground upon which the Secretary of State may certify a claim under section 94B is that the person liable to deportation would not, before the appeal process is exhausted, face a real risk of serious irreversible harm if removed to the country of return. The result of section 94B certification is that the right of appeal against the decision to refuse the human rights claim is non-suspensive, meaning it is not a barrier to removal. Any appeal can only be lodged and heard, or continued if the claim is certified after the appeal is lodged, while the person is outside the...

Immigration Act 2016

The Immigration Act 2014 created a new power to allow those subject to deportation, primarily foreign criminals, to be deported first so that they have to submit any appeal after their removal – i.e. from outside the UK - so long as this does not cause serious irreversible harm or, otherwise breach human rights. We now plan to extend this power to enable it to be applied to all human rights cases, provided this does not breach their human rights (‘remove first, appeal later’). A person will only be able to appeal in the UK where an asylum claim has been refused (provided it is not clearly unfounded) or where a human rights claim has been refused (provided it is not clearly unfounded) and there is a real risk of serious irreversible harm or other breach of human rights if the person is removed before the appeal. In the first year that the Immigration Act 2014 was in force, over 230 foreign national offenders have been deported before their appeal was heard. Previously, most of these individuals would not have left the UK until their appeal had been determined. The Court of Appeal recently considered two cases concerning the operation...

Apply for a UK visa in China

Apply for a UK Visitor visa in China You can apply for a UK visitor visa in China if you want a regular visitor to Britain for the following activities: Leisure and entertainment, such as vacation, visiting friends, or attending ADS tour Short-term business visits, such as meetings, workshops, training or the provision of training, participate in sports or creative activities, or short-term academic visits You can not: Fill vacancies gainful or unpaid work UK permanent residence in the United Kingdom through frequent Married or registered same-sex civil partnership, or give notice of marriage or civil partnership for same-sex The use of public funds Maximum stay The Standard visitor's visa is valid for six months, January 11, 2016, began to apply for a standard visitor visa in the Chinese mainland Chinese citizens are eligible for a 2-year valid visa. It requires a longer valid UK visa frequent visitors can also apply for a period of 5 years or 10 years in any line visa (long-term visa). Multiple-entry visas may be valid within the UK. Specify the destination travel plans (ADS) Visitors can stay up to 30 days in the UK. If you accept the UK private medical treatment, you can...